BB2 (Missouri)
Posts: 36
Posts: 36
Posted:
I have and do read postings on HOATalk and do not see any from the state of MO.are there any other web sites that might pertain to MO. We need some input/advice/comments! Thanks!
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Started by BB2 • 6 replies • 1523 views
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GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
BB, you can try the law link from the CAN website, link on left or you can try the Community Associations Institute chapter in Missouri.
Studies show that 5 out of 4 people have problems with fractions
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
BB2,
You COULD try giving us a shot at whatever it is that you want input or advice on. We're not just pretty faces you know.
MicheleD (Kentucky)
Posts: 4,491
Posts: 4,491
Posted:
Quote:
Posted By DonnaS on 10/01/2009 11:55 AM
We're not just pretty faces you know.
We're not just pretty faces you know.
Speak for yourself!
DausterB (Missouri)
Posts: 1
Posts: 1
Posted:
I can possibly help you with questions. I currently serve on a condo Board in Missouri (for almost 3 years now).
SharonS6 (Missouri)
Posts: 9
Posts: 9
Posted:
I'm a trustee for a small subdivision in STL MO. Can anyone tell me how to enforce the covenants? We have individuals who simply ignore and blatently refuse to abide by the covenants which affect the look and property values of the rest of the homeowners. SharonS6 10/07/09 1:58 PM
MicheleD (Kentucky)
Posts: 4,491
Posts: 4,491
Posted:
Sharon:
It would depend on what your governing documents say you can do in order to enforce. Ours allows us to fine as well as bring a lawsuit to obtain an injunction to prevent the violation.
We have developed the following process:
1) After a complaint is verified, we send a First Notice of Violation. This first notice is a "gentle reminder" of the covenants, states which covenant is being violated and requests that the violation be corrected within XXX days. The first notice also reminds the homeowner that if voluntary correction of the violation does not occur within that timeframe, then we would have no recourse but to initiate legal action, including fines at the rate of $XX per day/week/month (depending on the fine schedule).
2)If the violation is not corrected, we send a Second Notice that contains slightly more firm language. In that letter we again request compliance within XX days. We also remind the homeowner that legal action could result in their having to pay for our legal costs as well and that if compliance is still not forthcoming after XX days, fines will begin and legal action will be pursued.
3) If the violation is still not corrected, we send the homeowner a notice of fines due and continue sending weekly notices until the compliance is gained. We also contact our attorney who then issues a request for compliance, informing the offender that an injunction will be sought if compliance does not occur.
4) If the violation is still not corrected, the attorney sends a draft copy of the lawsuit that will be filed to compel compliance.
Generally that's the most extreme we have to get. We have had to actually pursue legal action only 4 times over the past 12 years.
We also keep a database of the violations so that we know if the same resident is engaging in the same violation a second or third time. The fines escalate for each additional violation of the same covenant.
The thing is this is a slow process. Very often residents to not realize that we may or may not be in the middle of this protracted violation compliance procedure and get frustrated thinking we are "allowing" X, Y or Z resident to "get away" with violations.
That is not the case. Something like this can take weeks or even months to resolve.
But we still encourage all homeowners to go ahead and report a suspected violation and not presume that we may already be pursuing compliance. We may not know it's happening.
It would depend on what your governing documents say you can do in order to enforce. Ours allows us to fine as well as bring a lawsuit to obtain an injunction to prevent the violation.
We have developed the following process:
1) After a complaint is verified, we send a First Notice of Violation. This first notice is a "gentle reminder" of the covenants, states which covenant is being violated and requests that the violation be corrected within XXX days. The first notice also reminds the homeowner that if voluntary correction of the violation does not occur within that timeframe, then we would have no recourse but to initiate legal action, including fines at the rate of $XX per day/week/month (depending on the fine schedule).
2)If the violation is not corrected, we send a Second Notice that contains slightly more firm language. In that letter we again request compliance within XX days. We also remind the homeowner that legal action could result in their having to pay for our legal costs as well and that if compliance is still not forthcoming after XX days, fines will begin and legal action will be pursued.
3) If the violation is still not corrected, we send the homeowner a notice of fines due and continue sending weekly notices until the compliance is gained. We also contact our attorney who then issues a request for compliance, informing the offender that an injunction will be sought if compliance does not occur.
4) If the violation is still not corrected, the attorney sends a draft copy of the lawsuit that will be filed to compel compliance.
Generally that's the most extreme we have to get. We have had to actually pursue legal action only 4 times over the past 12 years.
We also keep a database of the violations so that we know if the same resident is engaging in the same violation a second or third time. The fines escalate for each additional violation of the same covenant.
The thing is this is a slow process. Very often residents to not realize that we may or may not be in the middle of this protracted violation compliance procedure and get frustrated thinking we are "allowing" X, Y or Z resident to "get away" with violations.
That is not the case. Something like this can take weeks or even months to resolve.
But we still encourage all homeowners to go ahead and report a suspected violation and not presume that we may already be pursuing compliance. We may not know it's happening.
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